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FinCEN's Beneficial Owners Proposal: What It Can Mean for You;
Sonja Kriegsmann and John Burnett

September 23
Bankruptcy 101;
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September 30
Revised Escrow Rules - Review and Update;
Jack Holzknecht and Mary Beth Guard

October 7
CRA - Digging for Credit;
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October 8
Applicants and Applications: Knowing the Players and the Rules;
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October 15
MasterCard and Reg E: Basic Debit Card Investigations;
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Topic Options
#1632370 - 11/25/11 11:23 AM MECA Loans 112511
RUPERT THOMPSON Offline
New Poster

Registered: 11/25/11
Posts: 1
We report MECA loans as "refinances". Are MECA loans HMDA reportable? And what are the possible ramifications if an institution over reports or over discloses data regarding these types of loans?

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HMDA
#1632388 - 11/25/11 12:02 PM Re: MECA Loans 112511 [Re: RUPERT THOMPSON]
MPComply Online
New Poster

Registered: 06/14/11
Posts: 19
Loc: New York
I refer to them as CEMA's (in New York). The rule is that a CEMA with no new money is not reportable under HMDA. If a CEMA is done with new money, and the new money is used for home purchase or home improvement, then the new money is reportable under HMDA.

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#1632508 - 11/28/11 08:38 AM Re: MECA Loans 112511 [Re: MPComply]
AJ Compliance Offline
Gold Star

Registered: 09/21/10
Posts: 257
MECAs are NOT HMDA reportable. If you over-report, this is considered a violation and you could be subject to civil money penalties and/or enforcement actions.

Per the FAQ on the FFIEC website:

"MECAs. Should MECAs (Modification, Extension and Consolidation Agreements) be reported under HMDA as refinancings?

Answer: No. The rule is unchanged: MECAs are not reportable as refinancings under Regulation C. See 67 Fed. Reg. 7221, 7227 (Feb. 15, 2002). The applicable comment was inadvertently omitted when the Commentary was revised in 2002; the comment will be restored when the Commentary is next revised."
_________________________
-AJ- CRCM

All statements are my opinion, not those of my employer and should not be taken as legal advice.

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#1632815 - 11/28/11 05:42 PM Re: MECA Loans 112511 [Re: AJ Compliance]
MyKidsMom Online
Platinum Poster

Registered: 05/21/04
Posts: 574
Loc: TEXAS
However...if you "MECA" a construction or bridge loan into permanent financing..you better report the loan as a purchase somewhere along the line..

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#1632899 - 11/29/11 09:34 AM Re: MECA Loans 112511 [Re: MyKidsMom]
MPComply Online
New Poster

Registered: 06/14/11
Posts: 19
Loc: New York
I agree with both posts. We do not report MECA's. However, we do report the "new money" portion if it is being used for home improvement. This was based on legal advice by outside counsel. We are a former OTS bank, and never had an issue with this. Our first OCC exam begins in January.

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#1766642 - 12/12/12 11:56 AM Re: MECA Loans 112511 [Re: MPComply]
Runner4fun Offline
Gold Star

Registered: 03/14/06
Posts: 338
Can someone furter explain the difference between consolidation agreement and a refinance?

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#1766755 - 12/12/12 01:40 PM Re: MECA Loans 112511 [Re: RUPERT THOMPSON]
Jerod Moyer Offline
Gold Star

Registered: 10/27/05
Posts: 306
Loc: Sioux Falls, SD
The question is did you "satisfy and replace". If you have loan A (dwelling secured) and then make loan B (dwelling secured) which "satisfies and replaces" Loan A it's reportable as a refinance.

The following is from the section by section analysis:

MECAs. The Board did not propose any change regarding the status of modification, extension, and consolidation agreements (MECAs). MECAs are not reported because they do not meet the definition of a refinancing (satisfaction and replacement of an existing mortgage loan). A few commenters asserted, however, that MECAs should be reported because they substitute for traditional refinancings in some states, such as New York and Texas, to avoid mortgage recording fees and taxes.

The final rule does not include MECAs as reportable under HMDA. The existing definition of a refinancing establishes a bright-line test for reportable transactions. The Board believes that MECA data may be useful in certain instances, but that, under the existing loan classification scheme, the advantages of a bright- line test for determining whether a transaction should be reported—especially in reducing compliance burden— outweigh the benefits of additional data on these transactions. Therefore, the Board has not revised the definition of refinancing to include MECAs.


Edited by Jerod Moyer (12/12/12 01:41 PM)
_________________________
Jerod Moyer
www.bankerscompliance.com

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